Gopal @ Gopal Khatve And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9580 of 2019 Arising Out of PS. Case No.-674 Year-2018 Thana- NARPATGANJ District- Araria ====================================================== 1.

Gopal @ Gopal Khatve, Son of Ratneshwar Khatve @ Ranweshwar, Khatwe Resident of Village - Jimrahi, Ward No.-3, P.S.- Bathnaha, DistAraria 2.

Birendra Yadav Son of Bhola Yadav Resident of Village - Jimrahi, Ward No.-5(Wrongly describe in FIR as Ward No.-3), P.S.- Bathnaha, Dist- Araria ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kundan Kumar Singh For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-05-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Narpatganj (Bathnaha) P.S. Case no. 674 of 2018, registered under Sections 341, 323, 353, 504 and 506/34 of the Indian Penal Code.

The accusation is that on 23.11.2018, informant along with SSB personnel were on patrolling duty, at that time, petitioner No.1 Gopal @ Gopal Khatve was seen on motorcycle with three gallons coming from Nepal, when inquiry was made, he called petitioner No.2 Birendra Yadav and, thereafter, both started abusing them and tried to snatched

Patna High Court CR. MISC. No.9580 of 2019(3) dt.09-05-2019 2/2 their arms.

Learned counsel for the petitioners submits that, in fact, only hot talks were exchanged in between informant and petitioners, but with ulterior motive, the present case has been lodged with false allegation against the petitioners. Further submission is that petitioners have no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria in connection with Narpatganj (Bathnaha) P.S. Case No. 674 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T